When you are injured by another person’s negligent behavior, you have the right to pursue a personal injury lawsuit in order to be compensated by the responsible party for any injuries and financial losses they caused you to suffer.
However, in order to succeed in a personal injury lawsuit, your case must possess four essential elements. Read further to learn the four elements of a personal injury case in Oklahoma City.
The Essential Elements of a Personal Injury Case in Oklahoma City
First, it must be noted that the fact that your personal injury case in Oklahoma City possesses these four elements will not guarantee that you will win your personal injury lawsuit. Rather, they together form the basis for the right to bring suit against the responsible party. On the other hand, if your case lacks any one of these elements, it is likely to be dismissed.
1. Duty
All personal injury cases begin with the presence of duty. The responsible party must have had a duty to behave in a certain manner with respect to your safety or well being.
For an auto accident, this means the driver had a duty to drive carefully with respect to the safety of other drivers.
In a more complicated example, a manufacturer has the duty to insure that the products they distribute are safe to be used by consumers.
2. Breach of duty
A personal injury case in Oklahoma City arises out of a person’s breach of his or her legal duty to you, as described above. When a person breaches his or her expected duty towards you, he or she can be held personally liable for whatever injuries and losses you incur.
3. Injury
In order to have a valid lawsuit against another for breach of duty, you must have suffered some physical, economic or emotional injury as a result. If you have not suffered injury in any of these ways, your lawsuit will likely be dismissed.
4. Causation
Arguably, the most important element of any personal injury case is causation. You must be able to prove that a person’s breach of duty is in fact the cause of your injuries.
Consultation: Oklahoma City Personal Injury Attorney
If you have been injured by another’s negligence, you may have cause to pursue a personal injury case against them to recover the cost of medical treatment, lost wages, loss of property and any other damages. For help with a personal injury case in Oklahoma City, contact an experienced Oklahoma City personal injury attorney.
For a consultation with an Oklahoma City personal injury attorney call Wirth Law Office- Oklahoma City at (405) 888-5400. You can also submit an email question from the top right corner of this page. We will respond as quickly as possible to all questions.